MICHIGAN 


STATE  LIBRARY 


LEGISLATIVE  REFERENCE  DEPARTMENT. 


LAWS  OF  THE  VARIOUS  STATES 


RELATING  TO 


PRESIDENTIAL  PRIMARIES 


FEBRUARY,  1912. 


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r  V  %•.  • 

;vi- 


PRESIDENTIAL  PRIMARIES. 


Seven  states  now  provide  for  presidential  primaries  and  the  direct 
election  of  delegates  to  national  conventions,  e.  g.,  California,  Nebraska, 
New  Jersey,  North  Dakota,  Oregon,  South  Dakota  and  Wisconsin. 

The  vital  principles  of  all  the  laws  are  practically  the  same,  that  is, 
the  securing  of  the  sentiment  of  the  electors  as  to  the  nominees  for  presi¬ 
dent  and  vice-president  and  the  election  of  delegates  known  to  favor  the 
choice  of  the  elector.  In  no  state  is  the  assent  of  the  candidates  for 
president  or  vice-president  required  for  the  placing  of  the  name  upon  the 
primary  ballot,  the  usual  practice  being  the  filing  of  a  nominating  peti¬ 
tion  by  a  given  number  of  electors  resident  in  the  state,  most  of  the  laws 
providing  a  maximum  and  minimum  number  of  signatures  to  such 
petitions.  In  all  cases  general  laws  are  made  to  govern  the  regulation 
of  primaries,  counting,  canvassing,  returning,  etc.,  of  the  votes. 

The  primaries  this  year  (1912)  in  these  seven  states  will  be  held  on 
the  following  dates: 

North  Dakota,  March  19th. 

South  Dakota,  March  26th. 

Wisconsin,  April  2nd. 

Nebraska,  April  17th. 

Oregon,  April  19th. 

California,  May  14th. 

New  Jersey,  May  20th. 

A  complete  list  of  references  to  magazine  and  periodical  articles  upon 
this  subject  is  on  file  in  the  Legislative  Reference  Room.  Additions  to 
this  list  are  being  constantly  made. 

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CALIFORNIA. 


co 


Laws  of  Special  Session,  1911. 

CHAPTER  18. 


An  Act  to  provide  for  the  expression  by  the  qualified  electors  of  the- 
several  political  parties  of  their  choice  for  nomination  by  their  party 
for  president  of  the  United  States,  and  to  provide  for  the  election  of 
the  delegates  of  said  political  parties  to  their  respective  national  con¬ 
ventions,  and  to  call  an  election  in  conformity  with  the  provisions  of 
this  act. 

[Approved  December  24,  1911.] 


The  people  of  the  State  of  California  do  enact  as  follows: 


Section  1.  On  Tuesday,  May  14tli,  1912,  and  on  the  second  Tuesday 
in  May  of  every  fourth  year  thereafter,  there  shall  be  held  a  primary 
nominating  election,  to  be  known  as  the  May  presidential  primary  elec¬ 
tion,  at  which  the  qualified  electors  of  the  several  political  parties  shall 
have  opportunity,  on  separate  party  ballots  provided  for  that  purpose, 
to  express  their  preference  as  to  the  nominees  of  their  respective  parties 
for  president  of  the  United  States, « and  also  to  elect  the  delegates  of 
their  respective  parties  to  their  respective  national  conventions  for  the 
nomination  of  their  party  candidates  for  president  and  vice-president 
of  the  United  States. 

9  Sec.  2.  The  names  of  the  candidates  for  nomination  as  president  of 
the  United  States  shall  be  printed  upon  the  ballots,  upon  the  filing  of 
the  nomination  papers  substantially  as  provided  in  section  5  of  the  act, 
entitled  “An  act  to  provide  for  and  regulate  primary  elections,  and  pro¬ 
viding  the  method  whereby  electors  of  political  parties  may  express  their 
choice  at  such  primary  elections  for  United  States  senator,  and  to  repeal 
an  act  entitled  an  act  to  provide  for  and  regulate  primary  elections, 
and'  providing  the  method  whereby  electors  of  political  parties  may  ex¬ 
press  their  choice  at  such  primary  elections  for  United  States  senator, 
approved  March  24,  1909,”  approved  April  7,  1911,  said  act  being  also 
known  and  hereinafter  referred  to  in  this  act  as  the  “direct  primary 
law:”  Provided,  That  nomination  papers  for  each  of  said  candidates 
must  be  signed  by  not  less  than  one  per  centum  of  the  voters  of  his  party 
in  each  congressional  district  of  the  State:  And  further  provided,  That 
^  no  candidate  for  nomination  for  president  need  sign  or  file  any  petition, 
affidavit,  declaration,  statement  or  paper  of  any  kind  to  get  his  name 
t  upon  the  ballot,  but  that  in  the  event  that  any  person  who  is  presented 
as  a  candidate  for  nomination  for  president  by  the  filing  of  nomination 
‘papers  as  herein  provided  for,  shall,  on  or  before  the  thirty-fifth  day 
before  the  date  of  the  presidential  primary  election,  announce  by  ail 


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affidavit,  declaration,  or  statement  filed  in  the  office  of  the  secretary 
of  state,  that  he  is  not  a  candidate  for  nomination  for  president,  and 
that  he  does  not  wish  his  name  to  be  printed  upon  the  ballot  for  said  elec¬ 
tion,  the  said  secretary  of  state  shall  not  certify  or  transmit  the  name  of 
such  candidate  to  the  respective  county  clerks  or  registrars  of  voters,  and 
such  name  shall  not  be  printed  upon  the  ballots  :  And  provided  also, 
That  verification  deputies  may  be  designated  by  any  party  supporter 
of  any  candidate  for  president,  and  the  name  of  such  supporter,  followed 
by  the  words  “a  party  supporter  of”  shall  precede  the  name  of  the  can¬ 
didate  in  the  form  of  affidavit  for  verification  deputies  provided  for  in 
said  section  5  of  said  “direct  primary  law.”  The  names  of  the  several 
candidates  for  nomination  for  president  together  with  the  blank  space 
for  writing  the  name  of  such  a  candidate,  and  the  headings  for  the  same 
shall  appear  at  the  top  and  center  of  the  ballot  immediately  below  the 
instructions  to  voters,  and  shall  be  printed  in  heavy  face,  eight  point, 
capital  type.  The  order  in  which  the  names  of  the  candidates  for  presi¬ 
dential  nominee  shall  be  printed  upon  the  ballot,  shall  be  the  order  in 
which  the  nomination  papers  of  such  candidates  are  filed  with  the  sec¬ 
retary  of  state;  and  such  names  shall  be  printed  one  after  the  other 
in  a  horizontal  line,  each  name  being  followed  by  a  voting  square,  the 
space  for  the  name  and  voting  square  together  being  headed  by  the  words 
“For  Presidential  Nominee,”  printed  in  heavy  face  ten  point  gothic  type, 
and  occupying  no  less  than  two  and  one-half  inches  of  horizontal  space. 
This  space  shall  be  left  blank  above  the  “No  Preference  Column”  pro¬ 
vided  for  in  section  5  of  this  act.  Below  the  words  “For  Presidential 
Nominee”  heading  the  blank  space  hereinbefore  provided  for,  shall  be 
the  words  “Blank  Space”  in  six  point  gothic  type.  Above  the  words 
and  spaces  herein  described  shall  be  printed  in  heavy  face  twelve  point 
gothic  type  the  words  “Vote  for  One  as  Your  Choice  for  Presidential 
Nominee.” 

Sec.  3.  The  chairman  of  the  state  central  committee  of  each  of  the 
political  parties  qualified  to  participate  in  the  election  provided  for  in 
this  act  shall  notify  the  secretary  of  state  on  or  before  the  first  day  of 
March  of  each  bissextile  or  leap  year  as  to  the  number  of  delegates  to 
represent  the  state  in  the  next  national  convention  of  his  said  party. 
If  the  state  chairman,  or  any  of  them,  fail  to  file  such  notice,  it  shall 
be  the  duty  of  the  secretary  of  state  to  ascertain  the  said  number  of 
delegates  from  the  call  for  said  national  convention  issued  by  the  na- 
tional  committee  of  each  party  whose  chairman  has  failed  to  notify  him 
as  aforesaid. 

The  delegates  who  shall  represent  each  political  party  at  its  national 
convention  shall  all  be  elected  by  the  voters  of  the  state  at  large.  The 
secretary  of  state  shall,  on  or  before  the  tenth  day  of  March  of  the  year 
of  the  May  presidential  primary  election,  certify  to  the  county  clerk  or 
registrar  of  voters  of  each  county,  or  city  and  county,  the  number  of 
delegates  to  be  so  elected  by  each  of  the  political  parties  qualified  to 
participate  in  the  said  election.  Any  political  party  shall  be  qualified 
to  participate  in  the  May  presidential  primary  election  which  is  qualified 
to  participate  in  the  September  primary  election  according  to  the  pro¬ 
visions  of  the  “direct  primary  law.” 

Sec.  4.  The  names  of  persons  to  be  voted  upon  as  delegates  to  the  re¬ 
spective  national  conventions  of  the  several  political  parties  shall  be 


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printed  upon  the  ballots  of  their  respective  parties  upon  the  filing  of 
nomination  papers  substantially  in  the  form  provided  in  section  5  of 
the  “direct  primary  law:’7  Provided,  That,  in  the  case  of  each  party, 
nomination  papers  for  candidates  for  delegates  must  be  signed  by  not 
less  than  one  per  centum  of  the  voters  of  said  party  in  each  congressional 
district  of  the  state:  And  provided  also,  That  whenever  a  number  of 
candidates  for  delegates  join  together  in  appointing  the  same  verification 
deputies,  and  in  filing  statements  with  the  secretary  of  state,  as  herein¬ 
after  provided  in  this  section,  setting  forth  that  said  candidates  for 
delegates  prefer  the  same  person  as  candidate  for  presidential  nominee, 
there  may  be  filed  upon  the  same  nomination  paper  the  names  of  as  great 
a  number  of  candidates  for  delegates  from  any  party  as  the  total  num¬ 
ber  of  delegates  to  be  elected  by  said  party,  and  no  more  than  such  num¬ 
ber  :  And  provided  further,  That  when  the  number  of  names  of  candi¬ 
dates  printed  upon  the  same  nomination  paper  exceeds  the  number  of 
congressional  districts  in  the  state,  but  is  less  than  twice  the  number  of 
such  districts,  the  names  of  such  candidates  thus  grouped  together  shall 
be  so  selected  that  not  more  than  three  and  not  less  than  one  of  such 
candidates  shall  reside  in  any  one  congressional  district,  and  that  when 
the  number  of  names  of  candidates  printed  upon  the  same  nomination 
paper  exceeds  twice  the  number  of  congressional  districts  in  the  state, 
the  names  of  such  candidates  thus  grouped  together  shall  be  so  selected 
that  not  more  than  four  and  not  less  than  two  of  such  candidates  shall 
reside  in  any  one  congressional  district;  and  if  not  so  selected  said  names 
shall  not  be  grouped  together  on  the  ballot,  but  shall  appear  as  indi¬ 
viduals. 

Candidates  for  delegate  grouped  together  on  the  same  nomination 
paper  and  selected  as  aforesaid  shall  be  similarly  grouped,  in  the  same 
order  of  names,  upon  the  ballots  of  their  party :  Provided,  That  such 
group  of  candidates  for  delegate  has  the  endorsement  of  that  candidate 
for  presidential  nominee  for  whom  the  members  of  said  group  have  filed 
a  preference,  or  the  endorsement  of  such  a  state  political  organization 
created  in  support  of  the  candidacy  of  said  presidential  nominee  as  shall 
not  be  repudiated  by  him  as  lacking  authority  to  make  such  endorse¬ 
ment;  said  endorsement,  either  of  the  candidate  or  of  the  organization 
supporting  him,  to  be  filed  with  the  secretary  of  state.  No  candidates 
for  delegate  not  thus  endorsed  shall  have  their  names  printed  upon  the 
ballot  in  a  group,  but  such  candidates  must  appear  as  individuals :  And 
further  provided,  That  the  name  of  no  candidate  shall  appear  more  than 
once  on  the  ballot,  and  that  any  candidate  whose  nomination  paper  is 
filed  in  more  than  one  group,  or  in  the  same  group  differently  arranged, 
shall  have  his  name  printed  on  the  ballot  as  a  part  of  that  group  which 
has  received  the  endorsement  as  herein  recited :  Provided,  That  one  of 
the  groups  in  which  his  name  occurs  has  received  such  endorsement. 

Each  candidate  for  election  as  delegate  to  his  national  party  conven¬ 
tion  must  file  with  the  secretary  of  state  not  later  than  the  time  of  filing 
of  the  nomination  papers  containing  his  name,  an  affidavit  substantially 
as  provided  in  section  5  of  the  “direct  primary  law,”  and  may  also  in¬ 
clude  with  his  affidavit  the  statement  “I  personally  prefer - as  the 

nominee  of  my  party  for  president  of  the  United  States”  (filling  in  the 
blank  bv  inserting  his  choice  for  such  nominee).  But  his  failure  to 
include  such  statement  shall  not  be  a  valid  ground  on  the  part  of- the 
3  P 


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secretary  of  state  for  refusal  to  receive  and  file  the  nomination  papers 
containing  his  name. 

Sec.  5.  The  names  of  the  candidates  for  delegate  in  any  political 
party  shall  be  arranged  upon  the  ballots  of  such  party  in  parallel 
columns  each  column  standing  directly  underneath  the  space  headed 
by  the  words,  “For  Presidential  Nominee,”  and  the  various  candidates 
for  delegate  appearing  in  these  columns  as  determined  by  their  preference 
for  president,  according  to  the  provisions  of  section  4  of  this  act.  The 
left-hand  column  shall  be  headed  in  heavy  face,  ten  point,  gothic  type, 
“Candidate  Preferring - ”  (the  blank  being  filled  out  by  the  sur¬ 

name  of  the  first  candidate  for  presidential  nominee  on  the  ballot,  as 
determined  by  section  2  of  this  act).  The  second  column  shall  be  simi¬ 
larly  headed,  except  that  the  surname  of  the  candidate  for  presidential 
nominee  shall  be  for  the  name  second  in  the  list  of  candidates  for  presi¬ 
dential  nominee,  and  so  on  for  as  many  candidates  for  presidential  nomi¬ 
nee  as  are  printed  at  the  top  of  the  ballot  in  the  list  of  such  candidates. 
To  the  right  of  the  last  column  headed  by  the  surname  of  a  candidate 
for  presidential  nominee  shall  be  a  column  headed  “No  Preference 
Column,”  in  which  shall  appear  the  names  of  all  candidates  for  delegate 
who  have  expressed  no  preference  for  presidential  nominee  or  who  have 
expressed  a  preference  for  a  candidate  for  presidential  nominee  other 
than  the  candidates  for  presidential  nominee  printed  at  the  top  of  the 
ballot.  Above  this  “No  Preference  Column,”  neither  the  words  “For 
Presidential  Nominee,”  nor  the  space  for  the  name  of  such  nominee  shall 
appear.  To  the  right  of  this  last  column  shall  be  a  column  headed 
“Blank  Column,”  which  shall  contain  as  many  blank  spaces  as  there  are 
delegates  to  be  elected  by  the  political  party  concerned.  In  case  that 
there  are  no  names  of  candidates  for  delegate  to  be  placed  in  a  “No 
Preference  Column,”  such  “No  Preference  Column”  shall  be  omitted  from 
the  ballot,  and  the  “Blank  Column”  as  herein  provided  for  shall  be  placed 
to  the  right  of  and  contiguous  to  the  last  column  headed  by  the  surname 
of  a  candidate  for  presidential  nominee.  In  the  event  that  two  or  more 
candidates  for  presidential  nominee  whose  names  are  printed  upon  the 
same  ballot  have  the  same  surname,  the  distinguishing  names  or  initials 
of  such  candidates  shall  be  prefixed  to  their  respective  surnames  on  said 
ballot,  following  the  words  “Candidates  Preferring.” 

The  names  of  the  various  candidates  for  delegate  shall  be  printed  in 
eight  point,  roman  capital  type,  under  their  respective  preferences  for 
presidential  nominee  or  in  the  no  preference  column,  as  heretofore  pro¬ 
vided  in  this  act.  The  names  of  each  group  on  the  ballot  shall  be  num¬ 
bered  in  heavy  face,  eight  point  type.  The  order  of  names  for  each 
column  upon  the  ballot  shall  be  the  same  as  the  order  in  which  such 
names  were  filed  with  the  secretarv  of  state :  Provided,  That  above  the 
individual  names  in  each  column  shall  appear  the  group  of  names,  if 
any,  which  has  received  the  endorsement  referred  to  in  section  4  of  this 
act. 

A  blank  column  one-half  inch  wide  shall  be  left  upon  the  ballot  op¬ 
posite  each  group  of  names  and  to  the  right  of  the  column  of  voting 
squares  for  the  individual  names  and  separated  from  it  by  a  light  dotted 
line,  which  blank  column  shall  contain  a  square  in  which  may  be  stamped 
a  cross  (X)  which  shall  be  counted  as  a  vote  for  each  and  every  name 
in  the  group  opposite.  Lengthwise  along  this  blank  column  shall  be 


9 


printed  “A  cross  (X)  stamped  in  this  square  shall  be  counted  for  each 
name  of  the  group  to  the  left.”  The  line  separating  any  name  from  any 
other  name  not  in  a  group  or  from  any  group  of  names  shall  be  heavier 
than  any  line  separating  the  individual  names  in  such  group,  and  shall 
extend  across  the  blank  column  provided  for  in  this  paragraph.  Below 
the  top  line  of  this  extension  shall  be  printed  in  small  heavy  face  type 
the  words  “top  of  group,”  and  alcove  the  bottom  line  of  the  extension, 
the  words  “end  of  group.” 

Sec.  6.  Each  candidate  for  election  as  delegate  to  his  national  party 
convention  may  include  with  his  affidavit  the  statement  hereinafter  set 
forth  in  this  section;  but  his  failure  to  include  such  statement  shall  not 
be  a  valid  ground  on  the  part  of  the  secretary  of  state  for  refusal  to 
receive  and  file  his  nomination  paper  or  papers. 

Such  statement,  if  any  be  made,  shall  be  in  substantially  the  follow¬ 
ing  form : 

delegate’s  statement. 


I  hereby  declare  to  the  voters  of  my  political  party  in  the  State  of 
California  that  if  elected  as  delegate  to  their  national  party  convention, 
I  shall,  to  the  best  of  my  judgment  and  ability,  support  that  candidate 
for  president  of  the  United  States  who  shall  have  received  the  highest 
number  of  votes  cast  throughout  the  entire  state  by  the  voters  of  my 
party  for  said  office,  at  the  May  presidential  primary  election. 


Signature  of  candidate  for  delegate. 

Sec.  7.  The  delegates  to  each  national  party  convention  elected  at 
the  May  presidential  primary  election,  shall,  before  leaving  the  state 
to  attend  the  convention,  meet  together  and  select  alternates  to  the  con¬ 
vention.  The  number  of  alternates  to  be  selected  shall  be  no  greater  than 
one  for  each  delegate,  and  each  alternate  must  be  selected  from  the  con¬ 
gressional  district  of  the  delegate  for  whom  he  is  an  alternate;  and  the 
method  of  selection  shall  be  as  determined  upon  by  the  majority  of  the 
whole  number  of  delegates  who  have  been  elected  to  the  convention. 
The  duties  of  an  alternate  shall  be  those  usually  appertaining  to  that 
position,  and  as  prescribed  by  each  party  in  the  call  for  its  national 
convention.  The  alternate  of  anv  such  delegate  as  may  be  unable  to 
attend  the  convention,  shall  attend  the  convention  in  his  place,  and 
shall  otherwise  discharge  the  duties  of  said  delegate. 

Sec.  8.  For  purposes  of  the  May  presidential  primary  election,  the 
original  affidavits  of  registration  and  indexes  used  in  the  last  general 
election  in  any  county  or  city  and  county  in  this  state  may  be  used,  to¬ 
gether  with  the  original  affidavits  of  registration  since  the  last  election, 
and  supplemental  indexes,  showing  all  additional  registrations,  changes 
and  corrections  made  since  the  registration  for  the  last  general  election, 
completed  to  and  including  the  thirty-first  day  prior  to  said  May  presi¬ 
dential  primary  election,  which  shall  be  the  last  day  on  which  any  per¬ 
son  may  register  or  transfer  registration  so  as  to  entitle  said  person  to 
a  vote  at  such  primary.  Any  person  registered  in  accordance  with  the 
provisions  of  this  section,  and  who  has  stated  his  political  affiliation  in 
accordance  with  section  109G  of  the  Political  Code,  shall  be  qualified 
to  vote  at  such  election,  and  shall  receive  the  ticket  of  that  political 
party  only  with  which  he  has  declared  himself  affiliated.  Any  person 


10 


qualified  by  the  provisions  of  this  section  to  vote  at  any  May  presiden¬ 
tial  primary  election  shall  also  be  qualified  to  sign  the  nomination  papers 
of  any  person  to  be  voted  upon  at  such  primary  election. 

Sec.  9.  The  ballot  to  be  used  at  the  May  presidential  primary  elec¬ 
tion  shall  be  prepared  according  to  the  provisions  of  sections  2,  4  and 
5  of  this  act,  and  also  according  to  such  provisions  of  section  12  of  the 
“direct  primary  law”  as  are  applicable  to  this  act  and  not  in  conflict 
with  its  provisions:  Provided,  That  the  words  at  the  top  of  the  ballot 
shall  be  “Official  Presidential  Primary  Election  Ballot,”  and  that  the 
instructions  to  voters  shall  be  as  follows:  To  vote  for  a  person  whose 
name  appears  on  the  ballot,  stamp  a  cross  (X)  in  the  square  at  the  right 
of  the  name  of  the  person  for  whom  you  desire  to  vote;  or  if  you  wish 
to  vote  for  all  of  a  group  of  persons,  stamp  a  cross  (X)  in  the  square 
opposite  such  group,  which  cross  shall  be  counted  for  each  name  of  the 
group.  A  group  consists  of  candidates  for  delegate  nominated  on  the 
same  nomination  paper.  To  vote  for  a  person  whose  name  is  not  printed 
on  the  ballot,  write  his  name  in  the  blank  space  provided  for  that  pur¬ 
pose.  There  shall  be  printed  in  heavy  face,  twelve  point,  gothic  type, 
across  the  page  above  the  column  of  candidates  for  delegates,  the  words, 

“For  Delegates  to  National  Convention  Vote  for - ,  either  as 

individuals  or  by  group,  but  do  not  vote  for  more  than - ”  (the 

blanks  being  filled  in  bv  the  number  of  delegates  to  be  elected  bv  the 
political  party  concerned). 

The  ballot  shall  be  printed  substantially  in  the  following  form:* 

Sec.  10.  Accompanying  the  sample  ballot  for  the  May  presidential 
primary  election  mailed  to  the  voters  of  each  political  party,  there  shall 
be  included  for  such  party  a  sheet  with  the  following  title  in  twenty- 
four  point  capital  type,  biographical  sketches  of  presidential  candidates. 
Under  this  heading  there  shall  appear  in  twelve  point  capital  type  the 
name  of  each  candidate  of  such  party  for  nomination  for  president  for 
whom  a  biographical  sketch  is  furnished,  and  below  such  name  shall  be 
printed  in  ten  point  type  the  biography  of  such  candidate  in  no  more 
than  three  hundred  words.  The  biographical  sketch  of  each  candidate 
for  presidential  nomination  shall  be  furnished  by  such  candidate  or  by 
such  state  political  organization  created  in  support  of  his  candidacy  as 
shall  not  be  repudiated  by  him  in  lacking  authority  to  furnish  such 
biographical  sketch.  Such  biographical  sketch  shall  be  sent  to  the  sec¬ 
retary  of  state  together  with  the  sum  of  two  hundred  dollars  to  defray 
the  cost  of  its  publication,  at  least  forty  days  prior  to  the  date  of  the 
May  presidential  primary  election,  and  it  shall  be  printed  at  the  state 
printing  office  and  sent  to  the  county  clerks  or  registrars  of  voters  to 
be  mailed  with  the  sample  ballots  as  aforesaid.  The  biographical 
sketches  of  all  the  candidates  for  presidential  nomination  of  any  party 
who  appear  upon  the  ballot  of  such  party,  and  none  other,  shall  be 
printed  upon  the  same  sheet,  and  shall  appear  in  the  same  order  as  they 
appear  upon  the  ballot.  The  sheet  mailed  to  the  voters  by  the  county 
clerks  or  registrars  of  voters  shall  be  the  one  which  contains  the  biog¬ 
raphies  of  such  candidates  for  presidential  nomination  as  appear  upon 
the  ballots  mailed  to  the  voters  in  the  same  envelope  and  no  other  sheet 

*  (Copy  of  ballot  on  file  in  Legislative  Reference  Department,  Michi¬ 
gan  State  Library.) 


11 


shall  be  mailed.  In  the  case  of  any  political  party  for  none  of  whose 
candidates  any  biographical  sketch  has  been  furnished,  no  sheet  as  here¬ 
inbefore  provided  shall  be  prepared  or  mailed. 

Sec.  11.  The  provisions  of  the  direct  primary  law  as  amended  by  the 
legislature  of  the  State  of  California  at  its  special  session  commencing 
on  the  twenty-seventh  day  of  November,  1911,  shall  govern  the  May  presi¬ 
dential  primary  election  in  so  far  as  said  provisions  are  applicable  to 
said  election  and  are  not  inconsistent  with  or  in  conflict  with  the  pro¬ 
visions  of  this  act. 

Sec.  12.  The  first  election  under  the  provisions  of  this  act  is  hereby 
called  for,  and  shall  be  held  throughout  the  State  of  California,  on  Tues¬ 
day,  the  fourteenth  day  of  May,  1912.  It  shall  be  the  duty  of  the  sec¬ 
retary  of  state  and  the  attorney  general  to  prepare,  on  or  before  the 
first  day  of  February,  1912,  all  forms  necessary  to  carry  out  the  provi¬ 
sions  of  this  act,  which  forms  shall  be  substantially  followed  in  all  presi¬ 
dential  primary  elections  held  in  pursuance  hereof. 

Sec.  13.  This  act  shall  be  known  as  the  Presidential  Primary  Act. 

Sec.  14.  This  act,  inasmuch  as  it  calls  an  election  and  provides  the 
‘  procedure  therefor,  shall,  under  the  provisions  of  article  IV,  section  1 
of  the  constitution,  take  effect  immediately. 

Sec.  15.  All  acts  and  parts  of  acts  inconsistent  with  or  in  conflict 
with  the  provisions  of  this  act  are  hereby  repealed. 


NEBRASKA. 

Laws  of  1911. 

CHAPTER  46. 

Section  5864.  (Primaries,  When  and  Where  Held.)  There  shall 
be  a  primary  election  held  at  the  regular  polling  place  in  each  precinct 
on  the  third  Tuesday  in  August,  1911,  and  annually  thereafter,  for  the 
nomination  of  all  candidates,  except  those  exempted  from  the  provisions 
of  this  act,  to  be  voted  for  at  the  November  election ;  also  for  a  preference 
vote  for  United  States  senator  whenever  such  senator  is  to  be  elected 
by  the  legislature  at  the  next  session  thereof ;  a  preference  vote  for  presi¬ 
dent  and  vice-president  of  the  United  States  in  the  year  1912  and  every 
four  years  thereafter.  In  years  that  a  president  and  vice-president  are 
to  be  elected  there  shall  be  elected  delegates  to  the  national  conventions 
and  members  of  the  national  committee  of  the  several  parties :  Provided, 
That  in  the  year  1912  and  every  four  years  thereafter,  said  primary  elec¬ 
tion  shall  be  held  on  the  forty-fifth  day  before  the  first  Monday  in  June, 
and  said  day  shall  be  the  first  day  of  registration  of  voters  in  all  cities 
where  registration  is  required.  All  officers  whose  nomination  is  pro¬ 
vided  for  in  this  act  shall,  in  the  years  for  the  election  of  president  and 
vice-president,  be  nominated  at  the  primary  to  be  held  on  the  forty-fifth 
day  before  the  first  Monday  in  June,  instead  of  at  the  August  primary 
elections,  and  all  laws  relating  to  the  nomination  of  candidates,  at  the 
August  primary  election  shall  apply  to  the  primary  election  hereby  pro¬ 
vided  for.  Any  primary  other  than  those  provided  for  above  shall  be 
held  on  Tuesday,  four  weeks  before  the  election,  except  in  cities  of  the 
metropolitan  class,  and  cities  of  the  first  class  having  over  twenty-five 


12 


thousand  inhabitants,  wherein  it  shall  be  held  on  Tuesday,  five  weeks 
before  the  day  of  election. 

Section  la.  Delegates  to  the  national  conventions  shall  be  elected  as 
follows :  Four  delegates  shall  be  elected  by  the  voters  of  the  state  at 
large;  the  remainder  of  the  delegates  shall  be  equally  divided  between 
the  various  congressional  districts  in  the  state,  and  the  district  delegates 
shall  be  elected  by  the  voters  of  the  various  congressional  districts  in 
the  state.  Nominating  petitions  for  delegates  at  large  to  national  con¬ 
ventions  and  for  members  of  national  committees,  shall  contain  the 
names  of  not  less  than  five  hundred  electors  of  each  congressional  dis¬ 
trict  of  the  party  which  such  delegates  and  committeemen  are  to  repre¬ 
sent;  and  nominations  for  delegates  to  national  conventions  from  con¬ 
gressional  districts  shall  be  sufficient  if  signed  by  five  hundred  (500) 
electors  of  the  party  which  such  delegates  are  to  represent:  Provided, 
That  petitions  of  district  delegates  shall  be  signed  by  electors  residing 
in  at  least  two-thirds  of  the  counties  of  said  district  :  Provided,  how¬ 
ever,  That  in  no  case  shall  more  than  five  per  cent  of  the  total  vote  of 
any  political  party  in  the  state  or  in  any  congressional  district  be  re¬ 
quired  to  sign  the  petitions  referred  to  in  this  section. 

Section  lb.  When  candidates  for  offices  of  president  and  vice-presi¬ 
dent  of  the  United  States  are  to  be  nominated,  every  qualified  elector 
of  a  political  party  subject  to  this  act  shall  have  opportunity  to  vote 
his  preference,  on  his  party  nominating  ballot,  for  his  choice  for  one  per¬ 
son  to  be  the  candidate  of  his  political  party  for  president  and  one  per¬ 
son  to  be  the  candidate  of  his  political  party  for  vice-president  of  the 
United  States  ;  either  by  writing  the  names  of  such  persons  in  blank 
spaces  to  be  left  in  said  ballot  for  that  purpose,  or  by  marking  with  a 
cross  opposite  the  printed  names  of  the  persons  of  his  choice,  as  in  the 
case  of  other  nominations.  The  names  of  any  person  shall  be  so  printed 
on  said  ballot  solely  on  the  petition  of  their  political  supporters  in 
Nebraska,  without  such  persons  themselves  signing  any  petition  or  ac¬ 
ceptance.  The  names  of  persons  in  such  political  party  who  shall  be 
represented  by  petition  of  their  supporters  to  be  party  candidates  for 
president  and  vice-president  of  the  United  States  shall  be  printed  on  the 
nominating  ballot,  and  the  ballots  shall  be  marked,  and  the  votes  shall 
be  counted,  canvassed  and  returned  in  like  manner  and  under  the  same 
conditions  as  to  names,  petitions  and  other  matters,  as  far  as  the  same 
are  applicable,  as  the  names  and  petitions  of  aspirants  for  the  party 
nominations  for  the  office  of  governor  are  now  or  may  be  by  law  required 
to  be  marked,  filed,  counted,  canvassed  and  returned. 

Section  lc.  The  secretary  of  state  shall  grant  certificates  of  election 
to  persons  elected  as  members  of  the  national  committee  and  as  delegates 
to  national  conventions  of  the  several  parties  subject  to  the  provisions 
of  this  act  which  certificates  shall  show  the  number  of  votes  received 
in  the  state  by  each  person  of  such  delegate’s  political  party  for  nomi¬ 
nation  as  its  candidates  for  president  and  vice-president. 


13 


NEW  JERSEY. 

Laws  of  1911. 

CHAPTER  183. 

A  supplement  to  an  act,  entitled  “An  act  to  regulate  elections  (re¬ 
vision  of  1898),”  approved  April  4,  1898. 

Be  it  enacted  by  the  Senate  and-  General  Assembly  of  the  State  of  New 
Jersey: 

III. 

Sec.  12.  All  delegates  and  alternates  to  the  national  convention  of  the 
political  parties  before  mentioned  in  this  state  shall  be  chosen  at  pri¬ 
mary  elections  as  hereafter  provided. 

Sec.  13.  The  chairman  of  the  state  committee  of  said  political  parties 
shall  notify  the  secretary  of  state,  on  or  before  the  fifteenth  day  of  April 
♦  in  the  year  in  which  a  president  of  the  United  States  is  to  be  elected, 
of  the  number  of  delegates  at  large,  and  the  number  of  alternates  at 
large,  to  be  elected  to  the  next  national  convention  of  his  party,  by  the 
voters  of  the  party  throughout  the  state,  and  also  the  number  of  dele¬ 
gates  and  the  alternates  who  are  chosen  to  said  national  convention  in 
the  respective  congressional  districts  or  other  territorial  subdivisions  of 
the  state,  as  mentioned  in  said  notification.  If  the  state  chairman,  or 
either  of  them,  shall  fail  to  file  such  notice,  it  shall  be  the  duty  of  the 
secretary  of  state  to  ascertain  the  said  facts  from  the  call  for  said  na- 
tional  convention  issued  by  the  national  committee  of  said  party. 

Sec.  14.  The  secretary  of  state  shall,  on  or  before  the  twentieth  day 
of  April  in  such  year,  certify  to  the  county  clerk  of  each  county  in  this 
state  the  number  of  delegates  and  alternates  at  large  to  be  chosen  by 
each  party  as  aforesaid,  and  the  number  of  delegates  and  alternates  to 
be  chosen  in  each  congressional  district  or  other  territorial  subdivision 
of  the  state  composed  in  whole  or  in  part  of  the  county  of  such  county 
clerk. 

Sec.  15.  Not  less  than  one  hundred  members  of  either  of  said  political 
parties  may  file  with  the  secretary  of  state,  on  or  before  the  first  day  of 
May  in  any  year  of  a  presidential  election,  a  petition  requesting  that 
the  name  of  the  therein  endorsed  shall  be  printed  on  the  primary  ticket 
of  their  political  party  as  candidate  for  the  position  of  delegate  at  large 
or  alternate  at  large,  to  be  chosen  by  the  party  voters  throughout  the 
state  to  the  national  convention  of  said  party,  or  as  a  delegate  or  alter¬ 
nate  to  be  chosen  to  said  convention  bv  the  voters  of  any  congressional 
district  or  other  territorial  subdivision  of  the  state  larger  than  a  county. 
The  signers  to  the  petition  for  any  delegate  at  large  or  alternate  at  large 
shall  be  legal  voters  resident  in  the  state,  and  the  signers  for  any  dele¬ 
gate  or  alternate  from  any  congressional  district  or  subdivision  greater 
than  a  single  county  shall  be  voters  of  such  district  or  subdivision.  The 
secretary  of  state  shall,  within  five  days  thereafter,  certify  to  each  county 
clerk  in  this  state  said  nominations  for  delegates  and  alternates  at  large, 
and  the  nominations  for  delegates  or  alternates  for  any  congressional 
district  or  other  territorial  subdivision  made  up  in  part  of  the  county  of 
such  countv  clerk. 


14 


Sec.  1G.  Not  less  than  one  hundred  voters  of  either  of  said  political 
parties  resident  in  any  congressional  district,  or  other  territorial  sub¬ 
division  of  this  state,  situated  within  a  single  county,  entitled  under 
the  call  of  their  party  to  choose  delegates  and  alternates  to  the  said 
national  convention  of  the  party,  may  file  with  the  county  clerk  on  or 
before  the  first  day  of  May  in  any  presidential  year,  a  petition  request¬ 
ing  that  the  name  of  the  person  therein  endorsed  may  be  printed  on  the 
primary  ticket  of  their  party  as  a  candidate  for  the  position  of  delegate 
or  alternate  for  said  district  or  subdivision. 

Sec.  17.  Candidates  for  the  position  of  delegates  or  alternates  may 
be  grouped  together,  and  they  also  may  have  the  name  of  the  candidate 
for  president  whom  they  favor  placed  opposite  their  individual  names, 
or  opposite  such  groups,  if  they  so  request  in  their  petitions,  under  the 
caption  “Choice  for  President.”  The  said  petition  shall  be  as  near  as 
may  be  in  the  form  now  required  by  law  in  the  case  of  petitions  for  the 
nomination  of  delegates  to  state  conventions  of  political  parties  in  this 
state. 

Sec.  18.  Each  county  clerk  shall  forward,  on  or  before  the  eighth 
day  of  May,  to  the  clerk  of  each  municipality  in  his  county  a  statement 
of  the  persons  whose  names  are  to  be  printed  on  the  primary  ticket  of 
each  party  as  candidates  for  the  position  of  delegates  and  alternates, 
filed  with  or  certified  to  him  as  hereinbefore  provided. 

Sec.  19.  Said  municipal  clerk  shall  cause  to  be  printed  official  pri¬ 
mary  tickets  for  each  political  party  containing  the  names  of  the  persons 
for  whom  the  party  voters  in  his  municipality  are  entitled  to  vote  as 
candidates  as  aforesaid  for  the  position  of  delegates  and  alternates  to 
the  national  convention  of  such  party.  The  form  of  said  ballot  shall  be 
as  near  as  may  be  the  form  authorized  in  section  forty  of  this  act. 

IV. 

Sec.  20.  Each  of  said  municipal  clerks  shall  deliver  to  the  clerk  of 
each  board  of  registry  and  election  in  his  municipality,  at  the  office  of 
the  municipal  clerk,  on  or  before  Tuesday  preceding  the  day  of  the  pri¬ 
mary  as  hereinafter  provided,  the  poll  book  and  the  primary  book  made  - 
up  in  such  election  districts  at  the  last  preceding  general  and  primary 
elections  respectively,  and  the  books  and  forms  for  writing  down  the 
names  of  voters,  making  out  returns  and  the  affidavits  filed  with  him, 
and  generally  such  things  as  such  clerks  are  now  required  by  law  to 
furnish  said  boards  for  use  at  the  annual  primary  election  in  September 
of  each  year,  taking  receipts  therefor  from  said  election  clerk,  and  said 
election  clerk  shall  deliver  the  same  to  the  board  of  registry  and  election 
of  which  lie  is  clerk  in  time  for  use  at  said  primary  election.  On  or 
before  the  day  of  the  primary  said  municipal  clerk  shall  also  deliver 
to  such  board,  at  his  office,  the  ballots  and  ballot  boxes  for  each  party. 
Said  municipal  clerk  shall  also  procure  the  places  for  holding  the  pri¬ 
mary  elections  herein  provided  for,  which  shall  be  as  near  as  may  be 
the  same  places  used  for  the  primary  and  general  elections  held  in  the 
fall  of  each  year. 

Sec.  21.  Said  primary  election  for  the  choice  of  said  delegates  and 
alternates  of  both  political  parties  shall  be  held  on  the  fourth  Tuesday 
of  May  in  each  presidential  year,  from  one  to  nine  p.  m.  Said  primary 


15 


elections  shall  be  conducted  by  the  members  of  the  boards  of  registry 
and  election,  as  near  as  may  be  in  the  manner  now  required  by  law  for 
the  conduct  of  the  annual  primary  elections  in  September  of  each  year, 
and  the  provisions  of  this  act  and  of  the  act  to  which  this  act  is  a  supple¬ 
ment,  and  of  the  acts  amendatory  thereof  and  supplemental  thereto,  shall 
apply  as  far  as  may  be  to  the  primary  election  held  under  this  act,  except 
as  herein  otherwise  provided. 

Sec.  22.  Every  voter  whose  name  shall  appear  on  the  poll  book  of 
the  last  preceding  general  election  in  the  election  district  in  which  he 
offers  to  vote,  or  who  has  been  registered  by  affidavit  as  hereafter  pro¬ 
vided,  shall  be  entitled  to  vote  in  the  primary  of  his  political  party  held 
under  this  act  for  the  election  of  delegates  and  alternates  to  national 
conventions.  No  person  shall  be  allowed  to  vote  at  said  primary  unless 
his  name  appears  on  said  poll  book,  or  unless  he  has  been  registered  by 
affidavit  as  hereinafter  provided,  nor  shall  any  voter  be  allowed  to  vote 
in  the  primary  of  one  political  party  if  his  name  appears  in  the  primary 
book  of  the  other  political  party  as  made  up  at  the  last  preceding  pri¬ 
mary  election  in  said  election  district. 

Sec.  23.  Any  voter  qualified  to  vote  at  a  general  election  in  this  state, 
who  did  not  vote  at  the  general  election  preceding  any  primary  election 
to  be  held  under  this  act  for  the  selection  of  delegates  to  national  con¬ 
ventions,  may  register  for  said  primary  election  and  be  entitled  to  vote 
thereat,  by  filing  with  the  municipal  clerk  of  his  municipality,  at  least 
ten  days  prior  to  the  day  of  the  primary,  an  affidavit  in  the  form  now 
required  by  law  for  registering  voters  for  any  general  election.  From 
said  poll  books  and  affidavits,  and  from  said  primary  books,  the  board 
of  registry  and  election  shall  make  up  a  primary  registry  list  for  said 
primary  elections,  with  the  letter  “R”  or  the  letter  “D”  opposite  the 
names  of  those  voters  whose  names  appear  in  said  primary  books,  re¬ 
spectively,  and  from  said  list  shall  be  determined  the  right  of  each  voter 
offering  to  vote  at  said  primary.  It  shall  be  the  duty  of  the  municipal 
clerk  in  each  municipality  in  the  state  to  furnish  to  each  board  of 
registry  and  election  in  his  municipality,  at  liis  office,  on  or  before  the 
Tuesday  preceding  said  primary  election  for  the  selection  of  delegates 
to  the  national  conventions,  a  sufficient  number  of  official  sample  pri¬ 
mary  ballots  of  each  party,  and  a  sufficient  number  of  one-cent  stamped 
envelopes,  to  enable  the  said  board  to  mail  one  copy  of  the  sample  pri¬ 
mary  ballot  of  each  party  to  each  voter  who  has  registered  for  said  pri¬ 
mary  election,  and  it  shall  be  the  duty  of  each  of  said  boards  to  prepare 
and  deposit  in  the  postoffice  on  or  before  twelve  o’clock  on  Wednesday 
preceding  the  said  primary  day,  said  stamped  envelopes  containing  a 
copy  of  the  sample  primary  ballot  of  each  political  party  addressed  to 
i  each  voter  whose  name  appears  in  the  said  registry  list  for  said  primary. 

Each  of  said  boards  shall  give  to  the  municipal  clerk  a  receipt  for  the 
said  sample  ballots  and  envelopes,  signed  by  one  of  their  members,  and 
shall  return  to  said  clerk  the  unused  sample  ballots  and  stamped  en- 
►  velopes,  with  a  written  statement  signed  by  all  the  members  of  said 

board,  to  the  effect  that  the  remainder  of  said  sample  ballots  and  en¬ 
velopes  were  actually  mailed  or  posted  as  provided  in  this  act.  Each  of 
said  envelopes  shall  have  printed  on  the  face  thereof  in  large  type  the 
words  “Sample  Primary  Ballot”  and  in  small  type  the  words  if  not  de¬ 
livered  in  two  days  return  to  -  (city  or  town  clerk),  and  said 


16 


returned  envelopes  shall  be  retained  by  the  municipal  clerk  for  thirty 
days  open  to  public  inspection.  Said  sample  ballots  so  mailed  shall  not 
be  voted. 

Sec.  24.  The  said  sample  primary  ballots  shall  be  as  nearly  as  possible 
a  facsimile  of  the  official  ballot  to  be  voted  at  the  said  primary  election, 
and  shall  be  printed  on  paper  different  in  color  from  the  official  primary 
ballot,  so  that  the  same  may  be  readilv  distinguished  from  the  official 
ballot.  The  sample  ballot  shall  have  printed  at  the  top  in  large  type 
the  words,  “This  sample  ballot  is  an  exact  copy  of  the  ballot  to  be  used 
on  primary  day.  This  ballot  cannot  be  voted.”  The  clerk  of  the  board 
of  registry  and  election  shall  also  post  such  sample  primary  ballot  in 
the  polling  place  and  five  other  public  places  in  his  district.  It  shall 
be  unlawful  for  any  election  officer  to  accept  from  any  voter  and  de¬ 
posit  in  the  ballot  box  any  sample  primary  ballot. 

Sec.  25.  Each  board  of  registry  and  election  shall  count  and  canvass 
the  returns  of  said  primary  election  at  the  close  thereof,  and  forthwith 
deliver  said  returns,  boxes,  poll  books  of  the  preceding  general  election, 
affidavits,  primary  books,  and  list  of  voters  voting  in  each  primary,  to 
the  municipal  clerk.  Said  clerk  shall  forthwith  certify  to  the  county 
clerk  the  result  of  the  returns  so  filed  with  him.  The  county  clerk  shall 
ascertain  from  said  certificates  the  persons  who  have  received  the  highest 
number  of  votes  for  delegates  and  alternates  to  the  national  convention 
of  each  party,  in  the  territorial  division  situated  wholly  within  said 
county,  and  shall  issue  to  such  persons  a  certificate  certifying  to  the 
fact  of  their  selection  as  aforesaid.  Said  countv  clerk  shall  also  forth- 
with  forward  to  the  secretary  of  state  a  statement  showing  the  number 
of  votes  cast  for  each  candidate  for  delegate  or  alternate  to  be  chosen 
by  the  voters  of  each  party  throughout  the  state,  or  from  the  congres¬ 
sional  or  other  territorial  district  larger  than  a  single  county,  of  which 
said  county  is  a  part.  The  secretary  of  state  shall  forthwith  ascertain 
from  said  statements  the  persons  in  each  party  who  have  received  the 
highest  number  of  votes  for  delegates  at  large,  alternates  at  large,  and 
delegates  and  alternates  chosen  in  each  congressional  or  other  territorial 
district  larger  than  a  single  county,  and  shall  forthwith  issue  to  each  of 
such  persons  a  certificate  certifying  that  said  persons  have  been  duly 
chosen  as  such  delegates  and  alternates  respectively.  The  persons  re¬ 
ceiving  such  certificates  from  the  secretary  of  state,  or  any  of  the  county 
clerks,  shall  be  deemed  to  be  chosen  at  said  primary  election  as  such 
delegates  and  alternates,  respectively. 


V. 

Sec.  26.  It  shall  be  lawful  for  not  less  than  one  thousand  voters  of 
any  political  party  in  this  state  to  file  a  petition  with  the  secretary  of 
state,  on  or  before  the  first  day  of  April  in  any  year  in  which  a  president 
of  the  United  States  is  to  be  chosen,  requesting  that  the  name  of  the 
person  endorsed  in  said  petition  as  a  candidate  of  the  said  party  for  the 
office  of  the  president  of  the  United  States  shall  be  printed  upon  the 
official  ballot  of  said  party  for  the  then  ensuing  election  for  delegates  to 
the  national  convention  of  said  party.  Said  petition  shall  be  in  the 
form  required  by  law  for  the  endorsement  of  a  candidate  for  United 
States  senator,  but  it  shall  not  be  necessary  to  have  the  consent  of  such 


17 


candidate  for  president  endorsed  on  said  petition;  all  the  names  need 
not  be  signed  to  the  same  original  petition,  but  copies  thereof  may  be 
made  to  which  signatures  may  be  attached,  but  every  petition  shall  have 
annexed  the  affidavit  of  one* or  more  of  the  signers  that  the  other  signers 
to  the  said  petition  signed  the  same  in  good  faith  for  the  purpose  therein 
mentioned.  The  secretary  of  state  shall  certify  the  names  so  filed  in  his 
office  to  the  county  clerk  of  each  county  on  or  before  the  twenty-fifth  day 
of  April,  and  such  county  clerk  shall  forthwith  certify  the  same  to  the 
municipal  clerk  of  each  municipality  in  his  county  on  or  before  the 
twenty-ninth  day  of  April,  and  the  said  municipal  clerk  shall  cause  said 
names  so  certified  to  be  printed  upon  the  primary  tickets  of  the  respec¬ 
tive  political  parties  for  use  at  the  next  ensuing  primary  election  for 
the  election  of  delegates  to  the  national  convention  of  said  parties  under 
the  heading  “Choice  for  President.”  The  voters  at  such  primary  election 
may  indicate  their  preference  among  the  candidates  for  president,  whose 
names  thus  appear  upon  the  ticket,  by  making  a  cross  in  the  square  at 
the  right  thereof.  The  votes  so  cast  for  such  candidates  for  president 
shall  be  counted,  canvassed  and  returned  to  the  municipal  clerk  by  the 
board  of  registry  and  elections,  and  shall  be  certified  by  such  municipal 
clerk  forthwith  to  the  county  clerk,  who  in  turn  shall  forthwith  certify 
them  to  the  secretary  of  state,  and  the  secretary  of  state  shall  publicly 
announce  the  vote  cast  for  each  candidate  for  president  in  each  party, 
as  shown  by  the  said  returns  so  filed  in  his  office.  In  the  event  that  any 
candidate  for  nomination,  who  is  thus  endorsed  in  a  petition  filed  in 
the  secretary  of  state’s  office,  shall  on  or  before  the  twenty-fifth  day  of 
April  decline  in  writing,  filed  in  the  office  of  the  secretary  of  state,  to 
have  his  name  printed  upon  said  primary  ticket,  the  said  secretary  of 
state  shall  not  certify  the  name  of  such  candidate  to  the  respective  county 
clerks. 


NORTH  DAKOTA. 

Laws  of  1911. 

CHAPTER  208. 

An  Act  to  provide  for  the  expression  by  the  qualified  voters  of  the  sev¬ 
eral  political  parties  of  their  choice  for  nomination  by  their  party  for 
president  and  vice-president  of  the  United  States;  to  provide  for  and 
regulate  direct  primary  election  for  the  election  of  said  political 
party’s  delegates  to  their  respective  national  conventions,  fixing  a  time 
for  said  election  and  harmonizing  therewith  the  time  of  city  elections 
every  presidential  year,  and  for  the  payment  of  delegates’  necessary 
expenses,  not  exceeding  $200  each,  for  the  election  of  party  candidates 
for  the  office  of  presidential  elector,  and  for  the  election  of  national 
committeemen. 

Be  it  enacted  by  the  Legislative  Assembly  of  the  State  of  North  Dakota: 

1.  In  the  presidential  election  years,  the  qualified  electors 
of  the  political  parties  subject  to  this  law  shall  have  opportunity  to 
vote  for  their  preference,  on  ballots  provided  for  that  purpose,  for 
their  choice  among  those  aspiring  to  be  candidates  of  their  respective 
parties  for  president  and  vice-president  of  the  United  States,  shall  have. 


18 


their  party  delegates  to  their  national  conventions,  their  presidential 
electors,  and  shall  nominate  and  recommend  their  choice  for  national 
committeemen.  The  names  of  the  aspirants  in  each  such  party  for  elec¬ 
tion  for  the  office  of  president,  for  office  of  vice-president  of  the  United 
States,  for  national  committeemen,  for  delegates  to  their  national  con¬ 
vention,  and  for  presidential  electors,  shall  be  printed  on  the  party  nomi¬ 
nating  ballot  provided  for  that  purpose,  and  the  ballot  shall  be  marked 
and  the  votes  shall  be  counted,  canvassed  and  returned  under  the  same 
conditions  as  to  names,  petitions  and  other  matters  so  far  as  the  same 
are  applicable,  as  the  names  and  petitions  of  party  aspirants  for  the 
party  nominations  for  the  office  of  governor  and  of  the  United  States 
senator  in  congress  are,  or  may  be  by  law  required  to  be  marked,  filed, 
counted,  canvassed  and  returned :  Provided,  That  aspirants  for  such 
presidential  nominations  need  not  file  any  personal  petition  nor  signa¬ 
ture;  that  certificates  of  the  number  of  votes  received  by  each  such  can¬ 
didate  shall  be  issued  to  the  delegates  who  are  elected  for  said  party 
to  the  party  national  convention ;  that  petitions  to  place  on  the  nomi¬ 
nation  ballot  the  names  and  aspirants  for  such  office  or  delegates  to  said 
national  convention,  presidential  elector  and  national  committeemen  to 
be  chosen  and  elected,  as  provided  herein,  shall  be  sufficient  if  they  con¬ 
tain  a  number  equal  to  one  per  cent  of  the  party  vote  in  the  state  at 
the  next  preceding  election  for  representatives  in  congress,  or  not  less 
than  five  hundred  signatures  of  party  voters.  Every  qualified  voter  shall 
have  the  right  to  vote  for  as  many  candidates  for  national  delegates  for 
his  party  and  for  the  election  of  as  many  candidates  for  presidential 
electors  as  there  are  delegates  and  electors  to  be  elected  respectively,  and 
each  elector  shall  have  a  right  to  vote  for  one  candidate  of  his  party  for 
national  committeeman.  A  number  of  such  candidates  equal  to  the 
number  of  delegates  to  be  elected  and  the  number  of  presidential  electors 
to  be  elected  and  the  candidate  for  national  committeeman,  receiving, 
respectively,  each  for  himself,  the  highest  number  of  votes  for  such  office 
or  nomination,  shall  be  declared  elected. 

2.  On  the  eighth  day  after  the  election  provided  for  herein,  the 
county  canvassing  board  shall  meet  as  provided  in  section  582  of  the 
revised  code  of  1905,  and  shall  canvass  the  returns  in  the  manner  now 
provided  by  law.  The  powers  and  duties  of  the  board  shall  be  the  same 
in  so  far  as  applicable,  as  now  are  prescribed  by  law  for  canvassing  the 
returns  of  other  elections. 

3.  For  the  purpose  of  ascertaining  the  results  of  the  election  pro¬ 
vided  for  in  this  act,  the  state  canvassing  board  shall  meet  at  the  office 
of  the  secretary  of  state  on  the  first  Tuesday  in  May  after  such  election 
and  the  secretary  of  state  shall  notify  the  other  members  of  the  board  of 
canvassers  of  such  meeting. 

4.  All  persons  desiring  to  be  candidates  for  delegates  to  the 
national  convention  of  their  party  and  all  persons  desiring  to  be  candi¬ 
dates  for  presidential  electors  and  for  national  committeemen  of  their 
party  shall,  not  later  than  the  first  day  of  March  of  each  year,  when  a 
presidential  election  will  take  place,  file  with  the  secretary  of  state  their 
petitions,  as  provided  herein. 

5.  It  shall  be  the  duty  of  the  secretary  of  state  immediately 
after  the  first  day  of  March  of  each  year  in  which  a  presidential  election 
will  take  place  to  prepare  and  print  ballots,  at  the  expense  of  the  state, 


19 


with  the  names  of  all  candidates  of  each  party  for  the  offices  named  in 
this  act.  In  printing  such  ballots  the  secretary  of  state  shall  be  guided 
by  the  provisions  of  law  now  in  force  relating  to  the  preparation  and 
printing  of  ballots  for  general  elections.  The  provisions  of  the  general 
election  law  applicable  relating  to  the  distribution  of  ballots,  posting 
of  sample  ballots  and  of  notices  of  the  election  shall  apply  to  the  dis¬ 
tribution  of  ballots,  posting  of  sample  ballots  and  of  notices  of  the  elec¬ 
tion  herein  provided  for,  except  as  otherwise  required  herein.  The  sec¬ 
retary  of  state  shall  distribute  the  ballots  among  the  county  auditors, 
who  in  turn  must  deliver  the  same  to  the  inspectors  of  election  in  the 
voting  precincts  of  their  respective  counties.  Notices  of  the  election  pro¬ 
vided  for  herein  shall  be  given  in  the  manner  prescribed  by  law  for  giv¬ 
ing  notices  of  city,  village  and  township  elections  in  such  cities,  villages 
and  townships  and  in  any  other  precincts,  notice  of  the  election  shall 
be  given  as  now  provided  by  law  for  general  elections. 

6.  On  the  third  Tuesday  of  March  every  fourth  year,  when  a 
presidential  election  is  to  be  held,  the  members  of  the  respective  political 
parties  shall  express  their  choice  for  the  election  of  the  persons  and  offi¬ 
cers  named  in  this  act,  and  whose  names  appear  upon  the  ballot  accord¬ 
ing  to  the  provisions  herein.  Each  elector  shall  be  handed  the  ballot 
of  the  party  with  which  he  declares  himself  affiliated,  or  with  which  he 
may  have  registered  at  the  last  preceding  registration  or  election,  and 
such  elector  shall  mark  and  vote  the  same  in  the  manner  provided  herein. 
The  polls  shall  be  opened  the  same  hours  as  at  general  elections.  For 
the  purposes  of  the  election  herein  provided  for,  in  all  cities,  villages 
and  civil  townships  the  regular  election  officers  thereof  shall  also  act 
without  further  compensation  as  the  election  officers,  and  in  unorganized 
townships  and  voting  precincts  outside  of  cities,  villages  and  civil  town¬ 
ships,  the  inspector  and  two  judges  of  election,  who  acted  as  such  at  the 
last  general  election,  or  those  who  have  been  or  may  be  appointed  to 
fill  such  vacancies  occurring  in  their  offices,  pursuant  to  law,  shall  act 
therein  as  the  inspector  and  judges  of  election.  In  all  matters  not 
herein  expressly  otherwise  provided  for  the  provisions  of  any  election 
law  of  this  state,  applicable  to  the  case,  shall  govern.  In  every  fourth 
year  when  a  presidential  election  is  held,  the  time  of  all  city  elections 
shall  take  place  on  the  third  Tuesday  in  March  so  as  to  conform  to  the 
provisions  of  this  act,  and  in  such  event  the  city  officers  elected  to  office 
shall  have  until  the  second  Tuesday  of  April  in  which  to  qualify  for  such 
office. 

7.  Every  delegate  to  a  national  convention  of  a  political  party 
recognized  as  such  organization  by  the  laws  of  North  Dakota,  shall  re¬ 
ceive  from  the  state  treasurer  the  amount  of  his  actual  necessary  travel¬ 
ing  expenses,  as  his  account  may  be  audited  and  allowed  by  the  secre¬ 
tary  of  state  or  state  auditor,  for  actual  attendance  upon  said  conven¬ 
tion,  but  not  in  any  case  to  exceed  two  hundred  dollars  for  one  delegate. 
The  election  of  such  national  delegates  for  political  parties  are  not  sub¬ 
ject  to  the  direct  primary  law  shall  be  certified  in  like  manner  as  nomi¬ 
nations  of  candidates  of  such  parties  for  election  to  public  office.  Every 
such  delegate  to'  a  national  convention  which  nominated  candidates  for 
president  and  vice-president  shall  subscribe  an  oath  of  office  that  he  will 
uphold  the  constitution  and  the  laws  of  the  United  States  and  North 
Dakota,  and  that  he  will,  as  such  officer  and  delegate,  to  the  best  of  his 


20 


judgment  and  ability,  faithfully  carry  out  the  wishes  of  his  political 
party  as  expressed  by  the  voters  at  said  election. 

8.  All  acts  or  parts  of  acts  in  conflict  with  any  of  the  provisions 
of  this  act  are  hereby  repealed.  Approved  March  6,  1911. 


OREGON. 

—  *r 

Laws  of  1911. 


CHAPTER  5. 

An  Act  to  amend  section  2  of  the  direct  primary  nominating  elections 
law  which  was  proposed  by  initiative  petition  and  approved  by  the 
people  of  Oregon  at  the  general  election  in  June,  1904,  and  printed 
in  the  volume  of  the  General  Laws  of  Oregon  for  the  year  1905,  at 
pages  7  to  50  thereof ;  to  provide  for  the  expression  by  the  qualified 
voters  of  the  several  political  parties  subject  to  the  said  direct  pri¬ 
mary  law,  of  their  choice  for  nomination  by  their  party  for  president 
and  vice-president  of  the  United  States;  to  provide  for  and  regulate 
direct  primary  nominating  elections  for  the  election  of  said  political 
parties’  delegates  to  their  respective  national  conventions,  and  for  the 
payment  of  such  delegates’  necessary  expenses,  not  exceeding  two 
hundred  dollars  for  any  delegate;  for  the  nomination  of  party  candi¬ 
dates  for  the  office  of  presidential  elector  ;  for  space  in  the  party  and 
state  campaign  books  to  set  forth  the  merits  of  aspirants  for  election 
and  for  nomination,  and  of  candidates  for  the  offices  of  president  and 
vice-president  of  the  United  States,  of  candidates  for  offices  to  be  voted 
for  in  the  state  at  large,  and  of  candidates  for  United  States  senators 
and  representatives  in  congress. 


Be  it  enacted  by  the  people  of  the  State  of  Oregon: 

Section  1.  That  section  2  of  the  direct  primary  nominating  elections 
law,  which  was  proposed  by  initiative  petition  and  enacted  by  the  people 
of  Oregon  at  the  general  election  in  June,  1904,  as  the  same  is  printed 
in  the  volume  of  the  General  Laws  of  Oregon  for  the  year  1905,  at  pages 
7  to  50  thereof,  be  and  the  same  is  hereby  amended  to  read  as  follows : 

Sec.  2.  On  the  forty-fifth  day,  preceding  any  election  (except  special 
elections  to  fill  vacancies,  presidential  elections,  municipal  elections  in 
towns  or  cities  having  a  population  of  less  than  two  thousand,  and  school 
elections)  at  which  public  officers  in  this  state,  and  in  any  district  or 
county,  and  in  any  city  having  a  population  of  two  thousand  or  more 
at  which  public  officers  are  to  be  elected,  except  as  provided  in  section 
(>  of  this  law  as  to  time  in  certain  cities  and  towns,  a  primary  nomi¬ 
nating  election  shall  be  held  in  accordance  with  this  law  in  the  several 
election  precincts  comprised  within  the  territory  for- which  such  officers 
are  to  be  elected  at  the  ensuing  election,  which  shall  be  known  as  the 
primary  nominating  election,  for  the  purpose  of  choosing  candidates  by 
the  political  parties,  subject  to  the  provisions  of  this  law,  for  senator  in 
congress  and  all  other  elective  state,  district,  county,  precinct,  city,  ward 
and  all  other  officers,  and  delegates  to  any  constitutional  convention  or 
conventions  that  mav  hereafter  be  called,  who  are  to  be  chosen  at  the 
ensuing  election  wholly  by  electors  within  this  state  or  any  subdivision 


of  this  state,  and  also  for  choosing  and  electing  the  county  central  com¬ 
mitteemen  by  the  several  parties  subject  to  the  provisions  of  this  law : 
Provided : 

(a)  In  the  years  when  a  president  and  vice-president  of  the  United 
States  are  to  be  elected,  said  primary  nominating  election  shall  be  held 
on  the  forty-fifth  day  before  the  first  Monday  in  June  of  said  year,  and 
all  laws  pertaining  to  the  nomination  of  candidates,  registration  of 
voters  and  all  other  things  incident  and  pertaining  to  the  holding  of 
the  regular  biennial  nominating  election,  shall  be  enforced  and  effected 
the  same  number  of  days  before  the  first  Monday  in  June  that  they  were 
under  the  said  nominating  election  law  immediately  before  the  change 
in  the  date  of  the  regular  election  from  the  first  Monday  in  June  to  the 
first  Tuesday  after  the  first  Monday  in  November. 

(b)  When  candidates  for  the  offices  of  president  and  vice-president 
of  the  United  States  are  to  be  nominated,  every  qualified  elector  of  a 
political  party  subject  to  this  law  shall  have  opportunity  to  vote  his 
preference,  on  his  party  nominating  ballot,  for  his  choice  for  one  person 
to  be  the  candidate  of  his  political  party  for  president,  and  one  person 
to  be  the  candidate  of  his  political  party  for  vice-president  of  the  United 
States,  either  by  writing  the  names  of  such  persons  in  blank  spaces  to 
be  left  on  said  ballot  for  that  purpose,  or  by  marking  with  a  cross  before 
the  printed  names  of  the  persons  of  his  choice,  as  in  the  case  of  other 
nominations.  The  names  of  any  persons  shall  be  so  printed  on  said  bal¬ 
lots  solely  on  the  petition  of  their  political  supporters  in  Oregon,  with¬ 
out  such  persons  themselves  signing  any  petition,  signature  or  accept¬ 
ance.  The  names  of  persons  in  such  political  party  who  shall  be  pre¬ 
sented  by  petition  of  their  supporters  for  nomination  to  be  party  can¬ 
didates  for  the  office  of  president  or  vice-president  of  the  United  States, 
shall  be  printed  on  the  nominating  official  ballot,  and  the  ballots  shall 
be  marked  and  the  votes  shall  be  counted,  canvassed  and  returned  in 
like  manner  and  under  the  same  conditions  as  to  names,  petitions  and 
other  matters,  as  far  as  the  same  are  applicable,  as  the  names  and  peti¬ 
tions  of  aspirants  for  the  party  nominations  for  the  office  of  governor 
and  for  United  States  senator  in  congress  are  or  may  be  by  law  required 
to  be  marked,  filed,  counted,  canvassed  and  returned. 

(c)  The  members  of  the  political  parties  subject  to  this  law  shall  elect 
their  party  delegates  to  their  national  conventions  for  the  nomination 
of  their  party  candidates  for  president  and  vice-president  of  the  United 
States,  and  shall  nominate  candidates  for  their  party  presidential  elect¬ 
ors  at  such  nominating  election.  The  governor  shall  grant  a  certificate 
of  election  to  each  of  the  delegates  so  elected,  which  certificates  shall 
show  the  number  of  votes  received  in  the  state  by  each  person  of  such 
delegate’s  political  party  for  nomination  as  its  candidate  for  president 
and  vice-president.  Nominating  petitions  for  the  office  of  delegate  to  the 
respectiW  party  national  conventions,  to  be  chosen  and  elected  at  said 
nominating  election,  shall  be  sufficient  if  they  contain  a  number  of  sig¬ 
natures  of  the  members  of  the  party  equal  to  one  per  cent  of  the  party 
vote  in  the  state  at  the  last  preceding  election  for  representative  in  con¬ 
gress,  provided  that  not  more  than  five  hundred  signatures  shall  be  re¬ 
quired  on  any  such  petition.  Every  qualified  voter  shall  have  the  right 
at  such  nominating  election  to  vote  for  the  election  of  one  person  and 
no  more  to  the  office  of  national  delegate  for  his  party,  and  to  vote  for 


22 


the  nomination  of  one  aspirant  and  no  more  for  the  office  of  presidential 
elector  as  the  candidate  of  his  party.  A  number  of  such  candidates  equal 
to  the  number  of  delegates  to  be  elected  by  each  party  which  is  subject 
to  the  provisions  of  this  law,  receiving,  respectively,  each  for  himself, 
the  highest  number  of  votes  for  such  office,  shall  be  thereby  elected. 

Every  political  party  subject  to  the  provisions  of  this  law  shall  be  entitled 
to  nominate,  at  said  nominating  election,  as  many  candidates  for  the 
office  of  presidential  elector  as  there  are  such  officers  to  be  elected;  that 
number  of  aspirants  in  every  such  party  who  shall  receive,  respectively, 
each  for  himself  the  highest  number  of  votes  of  his  party  for  that  nomi¬ 
nation  shall  be  thereby  nominated,  as  a  candidate  of  his  political  party 
for  the  office  of  presidential  elector. 

(d)  Every  delegate  to  a  national  convention  of  a  political  party 
recognized  as  such  organization  by  the  laws  of  Oregon,  shall  receive  from 
the  state  treasury  the  amount  of  his  traveling  expenses  necessarily  spent 
in  actual  attendance  upon  said  convention  as  liis  account  may  be  audited 
and  allowed  by  the  secretary  of  state,  but  in  no  case  to  exceed  two  hun¬ 
dred  dollars  for  each  delegate  :  Provided,  That  such  expenses  shall  never 
be  paid  to  any  greater  number  of  delegates  of  any  political  party  than 
would  be  allowed  such  party  under  the  plan  by  which  the  number  of 
delegates  to  the  Republican  national  convention  was  fixed  for  the  Re¬ 
publican  party  of  Oregon  in  the  year  1908.  The  election  of  such  national 
delegates  for  political  parties  not  subject  to  the  direct  primary  nomi¬ 
nating  elections  law  shall  be  certified  in  like  manner  as  nominations  of 
candidates  of  such  political  parties  for  elective  public  offices.  Every 
such  delegate  to  a  national  convention  to  nominate  candidates  for  presi¬ 
dent  and  vice-president,  shall  subscribe  an  oath  of  office  that  he  will 
uphold  the  constitution  and  laws  of  the  United  States  and  of  the  State 
of  Oregon,  and  that  he  will,  as  such  officer  and  delegate,  to  the  best  of 
his  judgment  and  ability  faithfully  carry  out  the  wishes  of  his  political 
party  as  expressed  by  its  voters  at  the  time  of  liis  election. 

(e)  The  committee  or  organization  which  shall  file  a  petition  to  place 
the  name  of  any  person  on  the  nominating  ballot  of  their  political  party 
to  be  voted  for  by  its  members  for  expression  of  their  choice  for  nomi¬ 
nation  as  the  candidate  for  such  party  for  president  or  vice-president  of 
the  United  States,  shall  have  the  right,  upon  payment  therefor,  to  four 
pages  of  printed  space  in  the  campaign  books  of  such  political  party 
provided  for  by  sections  4  and  5  of  the  law  proposed  by  initiative  peti¬ 
tion  and  enacted  by  the  people  of  Oregon  at  the  general  election  in  June, 

1908,  entitled  “A  bill  to  propose  by  initiative  petition  a  law  to  limit 
candidates’  election  expenses ;  to  define,  prevent  and  punish  corrupt  and 
illegal  practices  in  nominations  and  elections  ;  to  secure  and  protect  the 
purity  of  the  ballot;  to  amend  section  2775  of  Bellinger  and  Cotton’s 
Annotated  Codes  and  Statutes  of  Oregon ;  to  provide  for  furnishing  in-  t 

formation  to  the  electors  and  to  provide  the  manner  of  conducting  con¬ 
tests  for  nominations  and  electicns  in  certain  cases,”  as  printed  on  pages 

15  to  38  of  the  General  Laws  of  Oregon  for  the  year  1909.  In  this  space 
said  committee  shall  set  forth  their  statement  of  the  reasons  why  such 
person  should  be  voted  for  and  chosen  by  the  members  of  their  party  in 
Oregon  and  in  the  nation  as  its  candidate.  Any  qualified  elector  of  any 
such  political  party  who  favors  or  opposes  the  nomination  of  any  person 
by  his  own  political  party  as  its  candidate  for  president  or  vice-president 


23 


of  the  United  States,  may  have  not  exceeding  four  pages  of  space  in 
his  aforesaid  party  nominating  campaign  book,  at  a  cost  of  one  hun¬ 
dred  dollars  per  printed  page,  to  set  forth  his  reasons  therefor. 

(f)  Every  person  regularly  nominated  by  a  political  party,  recognized 
as  such  by  the  laws  of  Oregon,  for  president  or  vice-president  of  the 
United  States,  or  for  any  office  to  be  voted  for  by  the  electors  of  the  state 
at  large,  or  for  senator  or  representative  in  congress  shall  be  entitled  to 
use  four  pages  of  printed  space  in  the  state  campaign  book  provided 
for  by  sections  6  and  7  of  the  above  entitled  “law  to  limit  candidates’ 
election  expenses;  to  define,  prevent  and  punish  corrupt  and  illegal  prac¬ 
tices  in  nominations  and  elections;  to  secure  and  protect  the  purity  of 
the  ballot;  to  amend  section  2775  of  Bellinger  and  Cotton’s  Annotated 
Codes  and  Statutes  of  Oregon ;  to  provide  for  furnishing  information 
to  the  electors  and  to  provide  the  manner  of  conducting  contests  for 
nominations  and  elections  in  certain  cases,”  as  printed  on  pages  15  to 
38  of  the  volume  of  the  General  Laws  of  Oregon  for  1909.  In  tliis  space, 
the  candidate,  or  his  supporters  with  his  written  permission  filed  with 
the  secretary  of  state,  may  set  forth  the  reasons  why  lie  should  be  elected. 
No  charge  shall  be  made  against  candidates  for  president  and  vice-presi¬ 
dent  of  the  United  States  for  this  printed  space.  The  other  candidates 
above  named  shall  pay  at  the  rate  of  one  hundred  dollars  per  printed 
page  for  said  space,  and  said  payment  shall  not  be  counted  as  a  part 
of  the  ten  per  cent  of  one  year’s  salary  that  each  candidate  is  allowed 
to  spend  for  campaign  purposes.  If  this  bill  shall  be  approved  by  the 
people  the  title  of  the  bill  shall  stand  as  the  title  of  the  law. 


SOUTH  DAKOTA. 

Laws  of  1911. 

CHAPTER  201. 

Sec.  24.  Hereafter  all  party  candidates  for  all  the  elective  congres¬ 
sional,  state,  county,  legislative  and  district  offices,  and  for  the  office 
of  United  States  senator  and  presidential  electors,  and  all  party  dele¬ 
gates  and  alternate  delegates  to  the  national  conventions  and  all  pre¬ 
cinct,  county,  state  and  national  committeemen,  party  state  chairman 
and  majority  and  minority  proposal  committeemen  shall  be  nominated, 
and  party  representatives  selected,  at  the  primary  held  in  accordance 
with  the  provisions  of  this  act.  All  other  proposals  of  such  candidates 
shall  be  by  petition  in  the  manner  now  provided  by  law. 

Sec.  45.  Party  presidential  electors  and  delegates  and  alternate  dele¬ 
gates  to  national  political  party  convention  shall  be  chosen  by  each  po¬ 
litical  party  at  the  March  primary,  quadrennially :  Provided,  however, 
That  in  order  to  save  time  in  issuing  credentials  to  such  delegates  the 
county  canvassing  boards  immediately  upon  canvassing  the  votes  for 
delegates  to  the  national  convention,  shall  forward  to  the  proper  party 
chairman  of  the  party  state  committee  an  abstract  showing  the  vote 
cast  for  the  candidates  for  delegates  and  alternates  in  the  several  coun¬ 
ties  of  the  state,  and  such  state  chairman  and  the  secretary  of  said  com 
mittee  shall  have  the  power,  and  it  shall  be  their  duty,  to  canvass  the 
same  and  to  issue  credentials  to  the  delegates  and  alternates  who  have 
received  the  highest  number  of  votes  in  the  state. 


24 


WISCONSIN. 

Law  Relating  to  Election  of  Delegates  to  National  Convention;  Direct 
Vote  for  Presidential  Candidates;  Nomination  of  Presidential 

Electors. 

(Ch.  369,  1905,  as  amended  by  cb.  512,  1907,  ch.  483,  1909,  ch.  300,  1911.) 

Election,  when  held.  Section  11-26.  1.  There  shall  be  chosen  at  an 

election  held  in  each  precinct  of  the  state  on  the  first  Tuesday  of  April 
in  each  year  in  which  electors  for  president  and  vice-president  of  the 
United  States  are  to  be  elected,  delegates  to  the  national  convention  of 
each  party,  to  nominate  candidates  for  president  and  vice-president. 

How  conducted :  expenses.  2.  Except  as  herein  otherwise  provided, 
such  elections  shall  be  noticed,  held  and  conducted  and  the  results  can¬ 
vassed  and  returned  in  the  same  manner  that  elections  of  judges  of  the 
supreme  and  circuit  courts  are  noticed,  held  and  conducted  and  the  re¬ 
sults  canvassed  and  returned.  The  expense  incurred  in  the  preparation 
for  or  conducting  such  election  shall  be  paid  in  the  same  manner  and 
by  the  same  officers  as  in  the  case  of  said  judicial  elections. 

Delegates  at  large;  election.  3.  The  four  candidates  for  delegates  at 
large  of  each  political  party,  receiving  the  highest  number  of  votes,  shall 
be  the  delegates  at  large. 

District  delegates;  election.  4.  The  two  candidates  for  delegates  of 
each  political  party,  in  each  congressional  district,  receiving  the  highest 
number  of  votes  shall  be  delegates  from  such  district. 

Alternates,  chosen  bv  state  central  committee.  5.  It  shall  be  the  duty 
of  the  state  central  committee  of  each  political  party  between  the  hold¬ 
ing  of  such  election  and  at  least  fifteen  days  prior  to  the  holding  of 
the  party  national  convention,  to  meet  and  elect  four  alternate  dele¬ 
gates  at  large  and  two  alternate  delegates  from  each  congressional  dis¬ 
trict.  Said  meeting  shall  be  called  by  the  chairman  of  the  party  state 
central  committee,  upon  at  least  ten  days’  notice. 

Names  of  candidates  for  president  and  vice-president  may  be  placed 
on  ballot.  6.  For  the  purpose  of  enabling  every  voter  to  express  his 
choice  for  the  nomination  of  candidates  for  president  and  vice-president 
of  the  United  States,  whenever  there  shall  be  filed  with  the  secretary  of 
state  a  petition  as  provided  by  section  30  of  the  statutes,  the  names  of 
such  candidates  shall  be  certified  to  the  county  clerks,  and  shall  be 
printed  upon  the  official  party  ticket  used  at  said  election.  No  signa¬ 
ture,  statement,  or  consent  shall  be  required  to  be  filed  by  any  such  can¬ 
didate. 

Delegates,  how  nominated.  Section  11-27.  1.  Nominations  for  can¬ 

didates  for  delegates  shall  be  made  by  nomination  papers,  in  the  manner 
provided  by  law  for  nomination  of  candidates  to  be  voted  for  at  a  general 
election. 

Nomination  papers,  filing.  2.  No  political  party  shall  be  entitled  to 
participate  in  the  election  of  delegates  unless  nomination  papers  have 
been  filed  with  the  secretary  of  state  as  provided  herein. 

Official  ballot;  form.  Section  11-28.  la.  An  official  ballot  shall  be 
printed  and  provided  for  use  at  each  voting  precinct  in  the  form  pro¬ 
vided  herein  and  annexed  hereto.  The  names  of  all  candidates  for  dele- 


25 


gates  for  whom  nomination  papers  prescribed  shall  have  been  duly  filed, 
shall  be  printed  thereon. 

b.  The  names  of  the  candidates  for  president  and  vice-president  shall 
be  placed  first,  in  each  party  column  underneath  the  party  designation 
and  immediately  above  the  names  of  said  candidates,  respectively,  shall 
appear  the  words,  “for  president,”  “for  vice-president.” 

Arrangement  of  party  tickets.  2.  Said  official  ballot  shall  be  made 
up  of  the  several  party  tickets,  arranged  alphabetically  according  to 
party  name,  all  of  which  shall  be  securely  fastened  together  at  the  top 
and  folded,  provided  that  there  shall  be  as  many  separate  tickets  as  there 
are  parties  entitled  to  participate  in  said  election. 

Names,  rotated.  3.  The  names  of  all  candidates  shall  be  arranged 
alphabetically  according  to  surname  under  the  appropriate  title  and 
under  the  proper  party  designation  upon  the  party  ticket  and  rotated 
in  accordance  with  the  provisions  of  section  33  of  the  statutes  as  amended 
by  this  act. 

How  voted;  separate  ballot  box.  4.  After  preparing  his  ballot,  the 
elector  shall  detach  the  same  from  the  remaining  tickets  and  fold  it  so 
that  its  face  will  be  concealed  and  the  printed  endorsements  and  signa¬ 
tures  or  initials  thereon  seen.  The  remaining  tickets  attached  together 
shall  be  folded  in  like  manner  by  the  elector  who  shall  thereupon,  with¬ 
out  leaving  the  polling  place,  vote  the  marked  ballot  forthwith  and  de¬ 
posit  the  remaining  tickets  in  a  separate  ballot  box  to  be  marked  and 
designated  as  the  blank  ballot  box. 

Tickets,  destroyed.  5.  Immediately  after  the  canvass  the  inspectors 
shall,  without  examination,  destroy  the  tickets  deposited  in  the  blank 
ballot  box. 

Defective  votes.  6.  Whenever  any  elector  shall  vote  for  more  than 
four  delegates  at  large  his  vote  shall  not  be  counted  for  any  of  such 
delegates.  Whenever  any  elector  shall  vote  for  more  than  two  district 
delegates  his  vote  shall  not  be  counted  for  any  such  delegates. 

Form  of  ballot.  7.  The  official  ballot  for  the  election  of  delegates 
to  the  national  convention  shall  be  in  substantially  the  same  form 
marked  “A.” 

Presidential  electors,  how  nominated.  Section  11 — 29.  The  delegates 
of  each  party  chosen  at  said  election  to  attend  the  national  convention 
shall  meet  on  the  third  Tuesday  of  April,  succeeding  such  election,  and 
nominate,  by  a  majority  vote,  one  elector  for  president  and  vice-presi¬ 
dent  from  each  congressional  district,  and  two  such  electors  from  the 
state  at  large.  The  names  of  such  nominees  shall  be  immediatelv  cer- 
tified  by  the  chairman  and  secretary  of  the  meeting  to  the  secretary  of 
state. 

1  Section  11 — 22,  Primary  Law,  amended  by  Ch.  300,  1911,  to  conform 
to  this  section. 


